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Reason
Reason
Politics
Eugene Volokh

Right to Videorecord in Public Places Includes Right to Videorecord Voters at Dropboxes

From Arizona Alliance for Retired Americans v. Clean Elections USA, decided today by Judge Michael T. Liburdi (D. Ariz.):

The contentious events surrounding the 2020 presidential election sparked an onslaught of speculation related to the validity and legitimacy of the electoral process. One such theory gained significant online prominence following the release of the 2000 Mules film. Primarily based on anonymized cellphone location data, the film tells the story of a shadowy network of "ballot mules" working to influence the 2020 election outcome by collecting fraudulent absentee ballots and strategically depositing them in early voting drop boxes throughout key electoral states. {In relation to this, Arizona law prohibits a person from collecting voted or unvoted early ballots from another person, with some exceptions. }

Inspired by the film, Ms. Jennings founded CEUSA and formulated a plan of action—#Dropboxinitiative2022—with the purpose of deterring so called "ballot mules" from using drop boxes. Using social media, Ms. Jennings encouraged supporters and affiliates to gather near drop boxes in groups of "[n]o less than 8 people" to track and deter these supposed "mules."

In the last several days, three separate Maricopa County voters filed formal complaints relating to voter intimidation near both early voter drop boxes. Both drop boxes are in parking lots and are positioned to allow voters to deposit ballots from their vehicles, drive-up style. The first complaint alleges that a group of individuals gathered near the Mesa, Arizona ballot drop box photographed and accused the voter and his wife of being mules. The voter further alleges that these individuals got in their vehicle and briefly followed him out of the parking lot to photograph his vehicle's license plate.

The second complaint reported that individuals took photographs of a voter and his vehicle's license plate while depositing mail-in ballots. The third complaint described a group of five or six men standing in the Mesa ballot drop box parking lot taking photographs of the voter's vehicle and license plate. In addition to these formal complaints, the Maricopa County Sheriff's Office was dispatched to the Mesa drop box location to investigate armed and masked observers wearing body armor. All the while, Ms. Jennings used her social media account to publicize the work of her volunteers and recruit others….

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